Effectively defunct for nearly half a century, sedition laws returned to public notice in 2005 when changes were included in an Anti-terrorism Bill announced by Prime Minister Howard prior to a “counter-terrorism summit” of the Council of Australian Governments on 27 September. The Bill was introduced on 3 November and passed into law on 6 December 2005 after government amendments adding some protection for the reporting of news and matters of public interest were introduced in response to community pressure. Schedule 7 of the Anti-Terrorism Bill (No. 2) 2005, repealed Sections 24A to 24E of the Crimes Act (1914) and reintroduced them, along with several new classes of offence, in a Division 80—Treason and sedition. Crimes in this division now attract a maximum penalty of seven years’ imprisonment.

CRIMES ACT 1914 – SECT 24AA

The definition of “seditious intention” originally in Section 24A of Crimes Act 1914 has become (as amended): An intention to effect any of the following purposes: (a) to bring the Sovereign into hatred or contempt; (b) to urge disaffection against the following: (i) the Constitution; (ii) the Government of the Commonwealth; (iii) either House of the Parliament; (c) to urge another person to attempt, otherwise than by lawful means, to procure a change to any matter established by law in the Commonwealth; (d) to promote feelings of ill-will or hostility between different groups so as to threaten the peace, order and good government of the Commonwealth.

We do not have free speech in Australia. If you knock the government you can be charged with Sedition and if proven guilty be incarcerated for a maximum of 7 years.

In 1949 a case came before the High Court involving the utterance of what were alleged to be seditious words: Burns v Ransley. Gilbert Burns, a member of the Communist Party of Australia (CPA) said that in any war between Soviet Russia and the West, the CPA would fight on the side of the Soviets. Burns was convicted of uttering seditious words under the Crimes Act 1914. Burns appealed to the High Court but his appeal was dismissed. Burns argued that the Commonwealth did not have Constitutional power to make laws with respect to crime, and could not make political criticism a criminal offence. However, Latham CJ said that section 61 read in conjunction with section 51(xxxix) allows the Commonwealth to make laws to protect itself. His Honour noted that while Parliament does not have the power to enact legislation punishing political criticism, ‘excitement to disaffection against a Government goes beyond political criticism’. The last prosecution was in 1960, when Department of Native Affairs officer Brian Cooper was prosecuted for urging “the natives” of Papua New Guinea to demand independence from Australia. He was convicted, and committed suicide four years later, after losing his appeal.

Author: simon

Grew up in the Melbourne, Victoria Australia. Attended catholic schools, RMIT and Monash Gippsland. Nidan Judoka. Science degrees in Surveying and Computers. I believe the Truth will set you free and that Jesus is God and Man and that His way is the only way to Eternal Happiness. Jesus claimed to be the way, the truth and the life. Whosoever believes in Him will have eternal life.
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